Aulakh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Aulakh, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The primary issue before the Tribunal was whether the position for which Mr. Aulakh applied was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. The Tribunal reviewed the evidence and submissions presented by Mr. Aulakh and the Department.

The Tribunal was required to determine if the criteria under clause 187.233 had been met. Specifically, this involved assessing whether the nominated position was approved, had not been withdrawn, and if the visa application was lodged within the prescribed timeframe after nomination approval. The Tribunal also considered the requirements regarding the employer, the availability of the position, and any adverse information concerning the nominator.

The Tribunal found that the nomination lodged by Galhey Restaurants Pty Ltd was withdrawn on 25 October 2019. Mr. Aulakh confirmed his understanding and agreement with this fact. Despite Mr. Aulakh's submissions regarding the circumstances of the withdrawal, which he attributed to his former employer requesting money, the Tribunal concluded that there was no evidence that the position remained the subject of an approved nomination. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.

As the primary applicant did not meet the criteria under clause 187.233, the Tribunal also found that the secondary applicants did not meet the criteria under clause 187.311. The Tribunal therefore affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.